PENNSYLVANIA R. CO. v. RIZZO

No. 17,827.

119 Ind. App. 505 (1949)

86 N.E.2d 91

THE PENNSYLVANIA RAILROAD COMPANY v. RIZZO, ADMX.

Court of Appeals of Indiana.

Rehearing denied October 5, 1949.

Transfer denied November 15, 1949.


Attorney(s) appearing for the Case

George W. Henley, of Bloomington; Carl T. Reis, John M. Miller, George C. Forrey III, Edward B. Raub, Jr., and Jacob S. White, all of Indianapolis, for appellant.

Samuel E. Garrison and Othniel Hitch, both of Indianapolis; and Robert G. Miller, of Bloomington, for appellee.


MARTIN, J.

The appellee's decedent was killed when the automobile in which he was riding was struck by appellant's train at a grade crossing known as the German Church Road about three miles east of the city limits of Indianapolis, Indiana.

This is an action for damages alleged to have been caused by the negligent conduct of appellant in the operation of its train. There was judgment for the appellee.

The error assigned here is the overruling of appellant...

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